JUDGMENT (PER: GAURI GODSE J):
1. In view of the opinion expressed by the Division Bench of this Court vide order dated 12th April 2024 (“the reference order”), passed in the aforesaid petitions, we are called upon to answer the question formulated for determination by a larger bench. The question for determination is regarding the interpretation of Section 142 (1) of the Maharashtra Prohibition Act, 1949 (‘said Act’). The question referred for our determination reads thus:-

“Whether the power of the Collector, under Section 142(1) of the Maharashtra Prohibition Act, 1949, to close any place where any intoxicant or hemp is sold, would be confined to only one place, i.e. one shop or it would include the power to pass an order of closure of all places where intoxicant or hemp is sold in the entire district or parts of the district?”

FACTS IN BRIEF:
2. In all three petitions, separate orders passed by the District Collector to exercise the powers conferred under sub-section (1) of Section 142 of the said Act are under challenge. Learned Collector has suspended the FL-I, FL-II and FL-III, etc. licenses for one day, i.e. on 14th April 2024, on the occasion of Dr. Babasaheb Ambedkar Jayanti.

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